A valid Massachusetts testamentary trust may now arise under a will that was not fully executed (signed by the will witnesses) until an unspecified time after the death of the testator-settlor.

Massachusetts has broken new ground in allowing a will to be fully executed (signed by the will witnesses) after the death of the testator, with no time period specified. In the upcoming 2014 edition of Loring and Rounds: A Trustee's Handbook, Charles E. Rounds, Jr., specifically in section 2.1.2, considers the ramifications of these revolutionary developments. The focus is on wills containing testamentary trust provisions. Click here for an excerpt.